tag:www.birminghamcriminaldefenseattorneysblog.com,2013-03-21://148352013-06-14T19:33:45ZMovable Type Enterprisetag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.6716552013-06-14T18:57:27Z2013-06-14T19:33:45Z
An interesting case recently came up in Massachusetts in which the criminal charges brought against an 18-year-old aspiring rapper have been found to violate his First Amendment rights. While the case didn't take place here in Alabama, the implications are pretty far-reaching. With the government and law enforcement increasingly coming down hard on the side of security from terrorism versus citizens' civil rights, here is one case in which citizens -- in the form of a grand jury -- decided otherwise.

Shortly after the Boston bombing, the young man composed some rap lyrics and posted them on Facebook: "[expletive] a boston bombinb [sic] wait til u see the shit I do, I'ma be famous for rapping, and beat every murder charge that comes across me."

After concerned fellow students notified the police, the 18-year-old was arrested on suspicion of making terroristic threats -- and not of the misdemeanor variety more familiar in Alabama. The terroristic threats he was accused of making were charged as a felony because the police believed he was threatening to hijack a car or build a bomb. Those criminal charges could have sent him to prison for 20 years.

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He wasn't actually threatening anyone, of course. The proposed charges were sent to a grand jury for investigation and, to the surprise of police and county prosecutors, that grand jury has just refused to allow them to go forward.

The Methuen Police Department was apparently expecting something bigger, based on the three-exclamation-point statement it released the day he was arrested ("Methuen High School Student Arrested!!!") In that statement, the department describes diffusing the volatile situation and obtaining a search warrant for the young man's home (which turned up nothing).

"We should never allow tragedies to limit rights," said a spokesperson for the Center for Rights, who accused law enforcement of overreacting to the rap lyrics in light of the Boston bombing. "It doesn't actually make us safer."

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.6614412013-06-06T15:29:52Z2013-06-05T23:25:32Z
Technically, DNA databases aren't new. Right now, 26 states including Alabama have DNA databases, and federal agencies have had them for years. Last year, the Obama Administration passed the Katie Sepich Enhanced DNA Collection Act, which gives states grants to build genetic databases or participate in a nationwide version.

What's new about the national DNA database is that it will include the genetic profiles of potentially hundreds of thousands of people who have never been convicted of any crime. That's because the U.S. Supreme Court just ruled that it's constitutional for law enforcement to collect the genetic profiles of anyone arrested for any "serious crime" -- even if the arrest was the result of racial profiling, police misconduct, a mistake or another constitutional violation.

Criminal defense and civil rights activists were stunned to learn that merely being arrested is enough to overcome any objections a U.S. citizen may have to their genetic code being included in a program meant to match them with unsolved crimes.

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The case, Maryland v. King, was decided by a 5-4 majority. Justice Antonin Scalia wrote a furious dissent, joined by Justices Ginsburg, Kagan and Sotomayor. Scalia pointed out, among a number of other extremely serious issues, that the majority had left the phrase "serious crime" utterly undefined, opening it to major law enforcement abuse -- and potentially opening the floodgates of criminal defense litigation as people try to prove they shouldn't be included because the crimes for which they were arrested weren't "serious."

Furthermore, he wrote, it makes no logical difference. The majority attempted to weigh the alleged importance of having a colossal database of citizens' genetic profiles against the burden on the citizen, and came down on the side of "Big Brother" from George Orwell's "1984." After all, if the goal is to match the DNA of people who are not suspected of any crime with genetic material collected in unsolved cases, wouldn't it be best if everyone were entered into the database?

"If you believe that a DNA search will identify someone arrested for bank robbery, you must believe that it will identify someone arrested for running a red light," he wrote. That doesn't make the DNA collection reasonable.

"The proud men who wrote the charter of our liberties would not have been so eager to open their mouths for royal inspection," he concluded.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.6568902013-05-30T20:53:05Z2013-05-30T20:53:54Z
While most everyone in Alabama knows that drug charges are incredibly serious, many may not be aware that being hit with federal drug charges is even worse. Three men in Alabama who were accused of trafficking drugs in the state found this out the hard way, when they were hit with strict sentences in federal court recently.

According to federal prosecutors, a 34-, a 51- and a 24-year-old man all conspired to distribute more than 500 grams each of methamphetamine and cocaine and more than 28 grams of crack cocaine. The three men, along with a fourth, all pleaded guilty to the federal drug crimes.

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One man was sentenced to almost 11 years in federal prison. He was also charged with being an "illegal alien in possession of a firearm." It's unknown if he will be deported after he is released from prison.

Another man was sentenced to three years in prison. It's likely that he received a lighter sentence because he had never been convicted of a crime before. His attorney described the man as someone who got swept up in the culture of the money that came from dealing drugs. He also said that he needed the money to "support his family."

The third man was sentenced to two years in prison. His sentence was less because he cooperated with prosecutors and law enforcement. His attorney said that the man was a drug user and was simply spotted at the wrong spot at the wrong time.

People who run up against the federal government should be aware of the stakes. Sometimes cooperating in exchange for a lighter sentence may be the right path to take.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.6483202013-05-22T17:57:04Z2013-05-22T18:10:57Z
A federal grand jury is believed to be in the midst of investigating the March 2008 bombing of an armed forces recruiting station in Times Square. The explosion in that case was small, and no one was injured, although the storefront recruiting station was damaged. According to police, the explosive device was an ammunition box stuffed with low-grade explosives, and a surveillance camera caught the image of a man getting off his bicycle, walking around near the station, and then getting back on his bike and riding away.

A 24-year-old man who describes himself as an anarchist and a member of the Occupy Wall Street movement is not a suspect, nor is he in any way a target of the federal investigation. His only apparent connection to the case is that prosecutors believe he happened to be at a bar in 2008 or 2009, when someone allegedly said they knew who was responsible for the bombing.

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The young activist was first called to testify in 2009 but refused to do so, earning him a substantial following among activists. According to his website, he contends that "the grand jury is being used to conduct a witch hunt against anarchists and political radicals." He believes the First Amendment should protect him from being forced to testify.

Recently, he was again subpoenaed to testify. He refused to comply with the subpoena, so the federal judge held a closed-door hearing and ordered him to testify. When his attorney indicated that he would not, the judge ruled him to be in civil contempt of court and ordered him indefinitely jailed until he agrees to testify or 18 months have passed.

The judge said the man "should not be permitted to use his First Amendment rights as a shield, simply because he gained knowledge of who committed a crime through his exercise of his right to free association."

If his knowledge of the case is so tangential, is it reasonable to jail him because he refuses to assist in a federal investigation?

His attorney insists that his refusal is simply a matter of principle. "It's a decision not based on hiding anything or protecting anyone," she told reporters Tuesday.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.6447682013-05-17T19:57:01Z2013-05-17T20:27:51Z
Did you know that a criminal charge exists called burglary with a deadly weapon? It's true -- here in Alabama, the offense is just part of our statute against burglary. Essentially, burglary is defined as unlawfully entering a building with the intent to commit a felony, and Alabama, like many states, ups the ante if the person is "armed with a deadly weapon or dangerous instrument."

When lawmakers put the phrase "deadly weapon or dangerous instrument" in the statute, they were trying to be reasonably broad, but they probably weren't thinking of a bulldozer. That, however, is the weapon one man is accused of using in a case in Washington state.

According to reports, the man was evidently involved in a fence-line dispute with a neighbor, and certain non-criminal threats were issued. After a confrontation, however, the man apparently got into a logging bulldozer, ran down the fence in question -- and then tried to run down the neighbor, forcing the man to jump aside or be struck by the blade.

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That didn't end the matter -- prosecutors say the man continued on a 10-minute rampage. He crushed his neighbor's pickup truck and ran it over three times, ran into a power pole, and destroyed three houses, two of which were owned by the neighbor. His wife was inside one of the houses, but she got out just in time. No one was injured in the incident.

An estimate by the local sheriff's office puts the damage at around $300,000. The man is now facing a host of criminal charges, including four counts of first-degree burglary with a deadly weapon -- "to wit, a bulldozer," according to the criminal complaint. He also faces four counts of assault with a deadly weapon and four counts of malicious mischief. He has pled not guilty.

"I had no idea that these charging documents would be so creative," commented his criminal defense attorney.

Assuming these events were accurately related, there's little doubt the man should have been criminally charged -- but with burglary? He certainly damaged three houses, and it could be argued that he unlawfully entered the homes, but did he intend to commit a felony afterwards? It seems more likely he intended nothing of the sort -- the crime was complete by the time he "entered" the houses. Perhaps "breaking and entering" would have been more appropriate?

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.6385452013-05-10T22:31:05Z2013-05-10T22:34:26Z
Back when everyone got their phone service over physical phone lines, federal law enforcement had it easy. They essentially have "turnkey" access to phone company records, and there are no real barriers to getting a federal wiretapping warrant for a phone line. Increasingly, however, agents have been thwarted in their relentless quest for evidence of federal crimes by a simple change in technology. With cellphones, Internet chat and VoIP, the targets of federal investigations don't have to use traditional phone companies to discuss alleged crimes.

More important than the actual technology change is the fact that the providers of the phone connection are no longer Ma Bell, but an array of private companies large and small. And, unlike the heavily regulated landline companies, cellphone and Internet companies aren't under any obligation to fork over information to federal law enforcement, or let them listen in to customer phone calls.

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Even if big Internet phone providers such as Skype or Google were willing to open their customer books to the feds, small startups spring up so fast that federal agencies can’t keep track of them all. Moreover, many of the communications they serve up are over encrypted networks -- and they might not even be able to decrypt individual calls.

The FBI has been seeking a change in the law that would give authorized law enforcement agents virtually unrestricted access to appropriate records, just as they have with landline operators. Tech companies and civil liberties groups, however, argue that giving federal agencies that level of access would be costly and burdensome, and would expose the companies themselves to security risks.

Nevertheless, a proposal to expand federal law enforcement access to these new technologies has just made it past Commerce Department objections and is currently on its way to the White House.

There should be no controversy, according to a former director of the NSA and CIA, over extending federal wiretapping "to the extent that this allows the FBI to continue its lawful interception capabilities.”

But there is controversy. Should private companies be compelled to provide warrantless access to their records? If they didn’t or couldn’t comply, could that itself be a federal crime? We’ll have to see what the Obama Administration decides. Regardless, however, the question must still be answered by Congress.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.5893412013-05-02T19:54:54Z2013-05-02T19:58:35Z
In March, a 15-year-old Birmingham teenager was killed in Railroad Park. Just recently, police arrested a 17-year-old man for his alleged involvement in the shooting and charged him with murder. Police aren't saying specifically what led them to the 17-year-old man. However, they did note that the teenager was arrested peacefully at his place of employment around 5:15 p.m.

The shooting occurred on March 17. Authorities say the park was filled with people the night of the shooting. People there say they heard six shots fired. Police do not believe that the 15-year-old was the intended target.

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This specific case got a lot of attention. Birmingham's mayor William Bell joined police at a press conference to announce the recent arrest. Mayor Bell hopes that this arrest will deter other young people from taking part in violent crimes.

"You cannot fire a gun, kill someone and expect to get away with it,'' the mayor said.

Although Birmingham officials feel confident that the accused in this case is in fact guilty, they cannot rush to conclusions. Even in tragic cases, like this one, the accused remains innocent until it can be proven in a court of law that he or she is guilty beyond a reasonable doubt.

Police have not elaborated as to how the accused was identified as the alleged shooter. They may have relied on eyewitness accounts. However, doing so may not always be wise, especially in a case like this in which the park was filled with hundreds of people at the time of the shooting. Eyewitnesses may provide inaccurate information.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.5631062013-04-25T21:09:32Z2013-04-25T21:14:31Z
When someone is charged with a serious crime, people may assume that they are guilty. However, there are often many complex aspects to a case. Much must be done before an individual can be convicted of a crime.

A Birmingham man is now facing a murder charge after police say he stabbed a man to death. The stabbing reportedly occurred on April 20 around 2:45 p.m. The accused, a 50-year-old man, allegedly got into a fight with a 57-year-old man. Authorities claim the 50-year-old stabbed the other man.

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The accused had left the scene by the time authorities arrived. He reportedly turned himself into police. He was being held in the Jefferson County Jail.

Charges of this nature can affect a person for the rest of their lives. They could be forced to spend years behind bars.

In cases like this, though, it is possible that the accused was acting in defense. If a person is intending to protect themselves from harm, it is acceptable in some instances to engage in behavior that would normally be considered criminal. However, self-defense cases are often very complex. A number of factors must be proven before it can be shown that an individual was trying to protect themselves.

Individuals charged with violent crimes who say they were acting in defense would be wise to consult with a criminal defense attorney. An attorney can examine the evidence in a case and aggressively fight the charges. An attorney may be able to show in court that a person was simply trying to defend themselves against harm.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.5491282013-04-19T15:48:28Z2013-04-19T15:54:28Z
Many criminal cases are resolved through plea bargains. As we've discussed before on this blog, those accused of serious crimes may choose to plead guilty to lesser charges in exchange for a reduced sentence.

A former Alabama police officer recently pleaded guilty in a criminal case against him. He faced federal drug charges for his involvement in a marijuana trafficking operation.

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At one point, the former police officer was reportedly found delivering a large amount of marijuana. He was also believed to have been involved in a large growing operation. The man resigned from the police force after authorities began investigating his potential involvement in the trafficking operation. He was eventually arrested late last year.

People who are convicted of serious drug crimes often face hefty penalties. In this instance, the former police officer could face up to five years in prison.

The authorities take drug crimes very seriously. They are often eager to arrest and convict those who are involved in large drug operations.

The criminal justice system is very complex. People who face criminal charges of any kind may feel overwhelmed. It can be particularly overwhelming when people are facing federal charges.

In nearly all criminal cases, it is best to rely on an experienced criminal defense attorney. After reviewing a case, an attorney can help determine what steps the accused should take going forward. Depending on the circumstances, an attorney may find it best for the accused to plead guilty to the charges. However, there may be instances when it is wise to proceed forward with a jury trial.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.5182392013-04-10T21:16:39Z2013-04-10T21:17:57Z
Last week, we wrote about two Alabama men who were recently charged with capital murder. Authorities claim the men killed a man last July by beating him to death and then throwing his body in the Warrior River. If convicted, the two could be sentenced to death.

A man in another state was recently executed. The 50-year-old man was convicted of shooting a man to death and raping his fiancé while two others stole items from the couple's home in 1990.

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Up until his death, the man admitted that he committed rape but maintained that he did not kill the rape victim's fiancé. The 50-year-old said the two people who were with him during the home invasion were responsible for the murder.

In 1996, the man's death sentence was reversed after it was discovered that jurors had been given poor instructions. However, he was once again sentenced to death in 1997 during a punishment trial.

The man's attorneys did not file appeals in the weeks and days leading up to his execution. However, earlier appeals questioned whether the man was mentally incompetent and therefore ineligible for the death penalty. However, those appeals were denied.

The death penalty has been outlawed in some states. However, it remains a form of punishment in Alabama and in Texas where the man in this story was recently executed. The death penalty may be handed down in violent homicide cases in which the convicted person appears to lack remorse.

Working with an experienced legal professional is usually a wise choice when someone faces criminal charges of any kind. However, in capital murder cases, an experienced criminal defense attorney may prove to be even more valuable.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.5031852013-04-05T18:10:44Z2013-04-05T18:13:45Z
It can be difficult to hear about serious violent crimes. People often want swift justice for the victims. However, even people who are charged with some of the most serious crimes have rights. It is important that those rights are upheld in every criminal case.

Two Alabama men were recently charged with capital murder. Authorities believe the men were involved in a beating death in July 2012. The 54-year-old victim was reported missing by family members. However, his body was discovered last month in the Warrior River.

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It is not clear what led police to the two men. Authorities say other arrests are likely.

Capital murder is considered to be one of the most serious crimes. People who are convicted of capital murder can face decades behind bars. They could even face the death penalty.

Because of the seriousness of the crime, Alabama residents charged with capital murder would be best served reaching out to an experienced criminal defense attorney for assistance. A criminal defense attorney has a solid understanding of the criminal justice system. They can advise people on the best course of action based on the specific circumstances of the case.

As we've discussed in previous blog posts, pursuing a plea bargain may be the best course of action. Under a plea agreement, an individual may plead guilty to a reduced charge in exchange for a less severe penalty. Others, however, may feel it is necessary to fight the charges in court in front of a jury of their peers.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.4767972013-03-28T21:16:23Z2013-03-28T21:25:46Z
An Alabama man faces a long list of criminal charges after a recent search of his home by police. Authorities say drugs, drug paraphernalia, stolen property and guns were found inside the man's home.

The 23-year-old was arrested and charged with various drug crimes, some of which include unlawful possession of a controlled substance and distribution of a controlled substance. He also has been charged with possession of a forged instrument and receiving stolen property.

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Authorities had a warrant to search the man's home. It is unknown what led them to obtain a warrant. However, a search warrant can only be issued if police can show probable cause.

The Fourth Amendment guarantees that citizens of the United States will not be subjected to unreasonable searches and seizures. Evidence that is obtained illegally cannot be used in court.

Criminal cases can be complex. It is often difficult for someone charged with a crime to fully understand the criminal justice system in a matter of days or weeks. Fortunately, people who are charged with serious crimes can reach out to legal professionals for assistance. Criminal defense attorneys have a broad understanding of the laws.

There are times when people make poor choices and become involved in bad situations. There are others, however, who are entirely innocent of any wrongdoing. In both instances, people are considered innocent unless prosecutors can prove their guilt beyond a reasonable doubt.

It's often easy to assume someone who is charged with a serious crime is guilty. However, everyone should have the chance to present their side of the story.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.4717932013-03-22T21:24:43Z2013-03-22T21:30:03Z
Although a Birmingham man attempted to flee from authorities, and was successful for some time, he will now spend three decades behind bars.

The man was indicted on various drug charges in 2008. However, he fled from authorities until August of last year. He was later convicted of various drug charges including conspiracy to distribute crack cocaine.

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Another man involved in the case pleaded guilty to the charges in 2008. He was sentenced to 15 years behind bars. The man who fled from authorities will spend much more time behind bars. He was recently sentenced to 30 years in prison.

It is clear from this case that authorities in Alabama and others elsewhere are eager to convict and punish those accused of drug crimes.

However, Alabama residents who are charged with drug crimes should not feel that their case is hopeless. Just because a person is charged with a crime does not mean with total certainty that they will be convicted.

In some instances, defense attorneys can question how evidence was obtained by law enforcement. A person who is charged with a crime remains a citizen of the United States, and therefore is entitled to certain rights. In certain cases, evidence may be thrown out if it is determined that it was obtained illegally by law enforcement.

Facing criminal charges of any kind can be overwhelming. Because authorities in many jurisdictions are determined to punish those accused of drug crimes to the fullest extent of the law, facing drug charges can be particularly unnerving.For that reason, it is often a wise choice to reach out to an experienced attorney when serious charges have been handed down.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.4659582013-03-15T15:38:28Z2013-03-15T15:40:09Z
Alabama football fans are no doubt familiar with the recent legal troubles of four freshmen players. Three of the men were charged with second-degree robbery after being accused of attacking and stealing from two fellow University of Alabama students last month. The other player was charged with fraudulent use of a credit card. One of the other three men is facing an additional charge of gun possession without a license.

The four players have been dismissed in light of the allegations of criminal activity. The charges alone were enough to bring about this result, as the men had not undergone the due process of their trial beforehand. Most people know that a conviction for criminal charges often results in serious consequences, but this example shows that, for some, the charges alone can have adverse affects.

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College athletes are not the only ones who can experience difficulties as a result of criminal charges. Many towns list information from the police blotter in their newspapers -- association with these blurbs can result in a damaged reputation. Additionally, employment opportunities may be impeded as a result of charges.

A vigorous defense of the rights of the accused can help to avoid additional damage. Convictions in Alabama can result in numerous long-term consequences, not only for the punishment of the alleged crime but also moving forward. For example, when filling out job applications, many businesses inquire as to prior convictions or run background checks for criminal activities. Experienced criminal defense attorneys can help to determine which options are best for each case.

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tag:www.birminghamcriminaldefenseattorneysblog.com,2013://14835.4503412013-02-25T21:27:40Z2013-02-25T21:28:59Z
We have talked about plea agreements before on this blog. Under a plea agreement, an accused individual may plead guilty to a reduced charge in exchange for a less severe sentence.

A Birmingham man's trial was scheduled to begin this week. However, he will only be required to spend another 30 days behind bars after reaching a plea agreement with prosecutors.

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The 51-year-old man was charged with murder after his butcher shop supervisor was stabbed to death in December 2011. The man has maintained that he acted in self defense.

Recently, he pleaded guilty to a manslaughter charge. Because he has been behind bars for the last 14 months, he will only remain jailed for another month. He will also be on supervised probation for three years following his release from jail.

The victims' family members made it known that they do not feel the punishment fits the crime. Prosecutors acknowledged the family's dismay but pointed out that their job is to seek justice.

"I don't ever like to have a victim or a victim's family leave court unhappy, but I must always do what I believe is right based upon the law and the evidence," the deputy Jefferson County district attorney said.

Most criminal cases are settled through plea bargains. Prosecutors may be more inclined to pursue a plea bargain depending on the seriousness of the case, the strength of the evidence and the likelihood of a guilty verdict.

The criminal justice system is complex. People in Birmingham and others elsewhere would be wise to rely on an experienced criminal defense attorney as they move forward with their case.